O.C.G.A.
O.C.G.A. § 9-9-81 (2019)
Costs; how taxed
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission.
History
Code 1933, § 7-422, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-131;
Code 1981, § 9-9-81, as redesignated by Ga. L. 1988, p. 903, § 3.
Annotations
JUDICIAL DECISIONS Federal preemption. - While the federal and state arbitration codes are very similar and embody their respective legislatures’ intent to enforce commercial arbitration agreements, state law and
policy must yield to the federal statute if interstate commerce is involved. Tampa Motel Mgt. Co. v. Stratton of Fla., Inc., 186 Ga. App. 135, 366 S.E.2d 804, 1988 Ga. App. LEXIS 276 (1988).
Notes of Decisions
Cited in 5
cases, 1984–1990 · leading case: Camp v. Columbus, 311 S.E.2d 834 (Ga. 1984).
Camp v. Columbus, 311 S.E.2d 834 (Ga. 1984). “§ 7-302) provides in pertinent part as follows: "This part shall apply only to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto.”
Tampa Motel Mgmt. Co. v. Stratton of Florida, Inc., 366 S.E.2d 804 (Ga. Ct. App. 1988). “The Georgia arbitration code provides that it is applicable “only to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto .”
Bartlett v. Dimension Designs, Ltd., 395 S.E.2d 64 (Ga. Ct. App. 1990). “Compare OCGA § 9-9-2 (a) and (b) with § 9-9-81. We find that the order of the trial court directing arbitration “is in the nature of an interlocutory mandatory injunction which is appealable under [OCGA § 5-6-34 (a) (4)].”
City of Atlanta v. Brinderson Corp., 799 F.2d 1541 (11th Cir. 1986). “OCGA § 9-9-81 provides, in part, that the Georgia Arbitration Code for Construction Contracts is “the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced.”
Price & Sons Grading Co. v. Associated Iron & Metal Co., 319 S.E.2d 105 (Ga. Ct. App. 1984). “As indicated in OCGA § 9-9-81 (b), those provisions “apply only to construction contracts, .”
— 9-9-81(b) — 1 case
Camp v. Columbus, 311 S.E.2d 834 (Ga. 1984). “§ 7-302) provides in pertinent part as follows: "This part shall apply only to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto.”
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